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1986 SCMR 1535

SALEHEEN vs MUHAMMAD BASHIR And 2 Other

Citation1986 SCMR 1535
CourtSupreme Court of Pakistan
Case No.Criminal Miscellaneous No. 154/11 Criminal Petition for Leave to Appeal 29/11
Date1986-06-28
Judge(s)Mian Burhanuddin Khan, Nasim Hasan Shah
ResultPetition dismissed

ORDER

MIAN BURHANUDDIN KHAN, J.--Cancellation of bail granted to the two respondents namely Muhammad Bashir and Mst. Ghulam Sakina is sought by this petitioner on the ground that the two accused/ respondents committed an offence punishable with imprisonment for 10 years, and, therefore, they should have not been allowed the concession of bail merely because the police no more requires the presence of the two accused, and that the bail has been allowed by the learned High Court Judge without recording the satisfaction of the Court that there appeared reasonable grounds for believing that the accused /respondents have not been guilty of. Offences under sections 11 and 16 under the Offence of Zina (Enforcement of Hudood) Ordinance (Ordinance VII of 1979).

2. We have examined the facts of the case. The two accused/ respondents, named above, were charged by the complainant Saleheen for offences under sections 11 and 16 of the aforesaid Ordinance. On the other side, there evidence that Mst. Ghulam Sakina accused/ respondent divorced by her husband Hayat Muhammad and that the accused /respondent Muhammad Bashir had no knowledge that Mst. Ghulam Sakina was a married woman.

3. We find that the learned Single Judge of the High Court has exercised his discretion rightly and we see no reasons to interfere with the impugned order, dated 13th May, 1986. Petition is, consequently, dismissed.

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